Article

Next Steps After A Warrant Has Been Issued

Is there a warrant for your arrest? If so, call the Law Office of John L. Calcagni III, Inc. today for a free consultation and to develop a strategy to have the warrant removed and to remain out of jail.

An arrest warrant is a court order authorizing police to place a person under arrest or to take them into custody to bring he or she before the Court. Arrest warrants issue in various ways. For instance, when police conducting an investigation develop probable cause to believe that a suspect committed an offense may apply to the Court for an arrest warrant. If a Court concludes, based on its review of the warrant application, that probable cause exists to believe the person committed the suspected offense, the Court will issue a warrant. Another common way that warrants are issued is when a Defendant fails to appear in Court for a scheduled appearance. When the Defendant does not appear, the Court issues what is commonly called a bench warrant or default warrant for the personís arrest.

Once a warrant is issued, the question remains as to where the warrant is effective. Some warrants are only effective within the state or territory of the Court that issued it. An example is a bench or default warrant issued for a Defendantís failure to appear may only be effective within the state where the warrant issued. Other warrants may be effective on a nationwide basis. These warrants, known as extraditable warrants, are issued by a Court in a particular state and then entered into a nationwide law enforcement database. Extraditable warrants authorize law enforcement officers in other states to arrest individuals named by the warrants and to hold them without bail pending extradition from the arresting state to the issuing state.

Once an arrest warrant is issued, it may only be removed by the Court that issued it. Removing a warrant is also referred to as withdrawing or vacating a warrant. Under normal circumstances, a warrant will not be removed unless and until the person named in the warrant appears before the Court. In exceptional cases, however, one may petition the Court to remove the warrant in his or her absence. This is called removal of the warrant in the Defendantís absentia. People appear for warrant removal in one of two circumstances: they are brought before the Court in police custody or they voluntarily appear seeking warrant removal. Once a person appears on a warrant, regardless of manner, the Court will vacate or withdraw the warrant and then decide upon the personís future bail terms and conditions.

If you know or have reason to believe there is a warrant for your arrest, you should contact legal counsel immediately. A skilled lawyer can research the existence of your warrant to include the Court that issued it and the reason for the warrant such as a default or the filing of new criminal charges. A lawyer may also be able to contact the prosecutor assigned to your case to negotiate the time, manner and place of your voluntary surrender as well as the anticipated bail terms and conditions.
A person who voluntarily surrenders to the Court, as opposed to being involuntarily taken in custody, has a stronger chance of receiving favorable bail terms and conditions necessary for his release. Knowing the bail terms and conditions advocated for by the prosecutor in advance will enable a lawyer and his client to be best prepared with sufficient bail money and other necessary terms and conditions. Sometimes a defense lawyer and prosecutor can reach an agreement regarding voluntary surrender and bail before the defendant appears before the Court. In instances where an advance agreement cannot be reached, it is also advantageous to know the prosecutorís position on bail before the surrender in order to tailor the defense arguments for bail and release in opposition.

If you have a warrant for your arrest in Rhode Island, Massachusetts, Connecticut, New York or in federal court, please contact Attorney John L. Calcagni III and the Law Office of John L. Calcagni III. Inc. at 401-351-5100 or jc@calcagnilaw.com. Attorney Calcagni and his experienced legal team have a proven track record for voluntarily surrendering clients on pending arrest warrants and securing their release on bail.

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Reviews

John Calcagni is the best of the best. I retained him multiple times to represent me in various military matters, to include administrative separation. John is an expert in his field. He is knowledge, professional, caring and aggressive. He has obtained nothing but top results and success on my behalf. I recommend him to anyone in need of legal representation. If you want the number one lawyer in your corner, John is your man.

Andrew Michaud

13:21 21 Sep 18

I had the pleasure of working with John and his team this past year and I couldn't be happier with the service I received. John and his team were professional, courteous and most of all incredibly effective. If I ever need legal services again I will definitely engage John Calcagni and his outstanding team again.

MARY DEBELLO

18:23 11 Sep 18

I highly recommend John Calcagni and his team. My daughter attends college in RI and we live in NY. She found herself in trouble and was arrested on a Disorderly Conduct matter. Our good friend is an attorney in NY and when we realized he could not represent us in RI he found a colleague who highly recommended John. From the first conversation with John, who responded to my initial message immediately, I knew we would be in good hands. He answered all questions and explained the process in as much detail as needed. He was very confident that he would get the charges dismissed. He worked closely with my daughter (his client) while keeping in touch with us, the parents. John was always attainable to us via email, text or phone call and took his time to be sure we understood each step of the case. John delivered the outcome he promised and exactly what we were looking for, we couldn't be more pleased. I would not hesitate to recommend him and (god forbid) I need assistance with the law in RI again, he would be the first call I make!! Thanks John for everything you did for our daughter!!! Mary and Wayne DeBello

Jen Marie

22:33 23 Jun 18

I don‚Äôt know where to begin! When I first met with John, I immediately felt like I was in good hands. He is charismatic, funny and really takes the time to get to know you and get a feel for your case. He was very detail oriented and thorough and worked with me for almost two years. Through this exhausting and stressful process, he made me feel comfortable and made sure I understood what was going on every step of the way. I am so thankful I went with John and would absolutely, without a doubt recommend him to anyone who needs help.

John Madden

18:11 05 Sep 18

I'm an active duty soldier and I got a DUI. I deserved the penalties and reprimands but I did not deserve to loose everything. When I was notified that I would be facing a QMP board for separation I knew I had to do all I could to fight back against it for myself and for my family. I am extremely grateful for John and his team. I had no idea about the list of standards I was up against that the board would use to determine weather or not I could keep my job and continue to support my family. Mr. Calcagni systematically itemized and proved beyond a doubt that I met and or exceeded each standard giving the board a clear picture that I still hold value to the Army. He took my personal side and my professional side along with all the legal points and drafted a rebuttal that saved my career. Had I attempted to go against the board on my own I would have surely been denied. Not because I deserved it, but because it is a battle that soldiers are not equipped to deal with on their own and the Army provides zero support. It's terrifying to think back about all that I was up against that I didn't even know about. John and his team come highly recommended and I can't thank them enough for leveling the playing field and placing the control of my career back into my hands. My family and I are forever grateful.

Mr. Calcagni is an absolute LIFE SAVER!!! He is genuinely one of the most intelligent people I have ever met in my life! He masterfully saved my husband's naval career TWICE when we thought all hope was lost at a command where bias and dishonesty rule. My husband and I are forever in his debt and there is not enough we could do or say to show our gratitude. He has a big heart and he fought hard for our family. We would recommend him a thousand times over!!!!